Kranthi Educational Society, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 985 AP

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH ANDHRA PRADESH |
FRIDAY , THE NINETEENTH DAY OF FEBRUARY _ .
TWO THOUSAND AND TWENTY ONE é
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THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWA
AND
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

WRIT APPEAL NO: 78 OF 2021

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(WHEREAS the Appellants above named through its Advocate Sri Sitaram Chaparla

preferred the above Appeal under Clause 15 of the Letters Patent against the Order,
dated 07-01-2021 in WP.No.683 of 2021 on the file of the High Court.)

1. Kranthi Educational Society, (Regd. No.1/1992), D.No. 3
Agraharam Village, Ramachandrapuram Mandal, East Godav
Praddesh-533255, Rep.by its Chairman, A.Naveen Kumar.

2. Kakinada Institute of Technology Sciences,, Ambikapalli Agraharam Village,
Ramachadrapuram Mandal, East Godavari District, Andhra Pradesh -533225,
Rep.by its Correspondent, Mr. A. Naveen Kumar

174, Ambikapalli

Between:

i District, Andhra

Appellants AND

1. The State of Andhra Pradesh,, Rep.by its, Principal Secretary, Higher and Technical Education, Secretariat Buildings, Amaravati.

2. Pharmacy Council of India,, Rep.by its Registrar-cum-Secretary, NBCC Centre,

3rd Floor, Plot No. 2, Community Centre, Maa Anandamai Marg, Okhla, Phase-l,

New Delhi-110020.

All India Council for Technical Education,, Rep.by its Secretary, Nelson Mandela

Marg, Vasant Kunj, New Delhi-110070.

Jawaharlal Nehru Technological University,, Rep.by its Registrar, Kakinada,

Andhra Pradesh -533003.

The Director of Technical Education,, Government of Andhra Pradesh,

Vijayawada. ;

The Special Commissioner of Technical Education,, 1St and 2nd Floors, ANR

Towers, Prasadampadu, Vijayawada, Andhra Pradesh. }

The Convenor,, AP-EAMCET-2020, Jawaharlal Nehru Technological University,

Kakinada, East Godavari District. .

The Andhra Pradesh State Council,, For Higher Education, Rep.by its Secretary,

-Tadepalli, Andhra Pradesh.

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Respondents

AND WHEREAS the High Court upon perusing the Appeal and memorandum of grounds filed herein and upon hearing the arguments of Sri Sita Ram Chaparla Advocate for the Appellants, GP for Higher Education for Respondent Nos.1,5,6 & 8 and Sri N. Harinath, Assistant Solicitor General for Respondent No.2, directed issue of notice to the Respondent Nos.3,4 & 7 herein to show cause as to why this WRIT APPEAL should not be admitted.

You viz:

1. The Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070.

2. The Registrar, Jawaharlal Nehru Technological University, Kakinada, Andhra Pradesh -533003.

3. The Convenor, AP-EAMCET-2020, Jawaharlal Nehru Technological University, Kakinada, East Godavari District

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT APPEAL should not be admitted

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to reconsider the hard copies of the application dated 11.12.2019 and 09.07.2020 for approval for academic year 2020-2021 without insisting for online submission of the same, pending disposal of WA No. 78 of 2021, on the file of the High Court.

IA NO: 2 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 07.01.2021 in WP.No. 683/2021 by directing the respondents herein to allot the students in B.Pharmacy Course for the Academic Year 2020-2021, pending disposal of WA No. 78 of 2021, on the file of the High Court.

The Court made the following: ORDER

Heard Mr. Sita Ram Chaparla, learned counsel for the appellants. Also heard learned Govt. Pleader for Higher Education for respondents 1, 5, 6 & 8 and Mr. N. Harinath, learned Asst. Solicitor General for respondent No.2.

Issue notice to respondents 3, 4 & 7, returnable in two months.

Also heard Mr. Sita Ram Chaparla on I.A.No.1 of 2021, in which interim prayer was made for directing the respondents to allot students in B. Pharmacy Course for the academic session 2020-21 in the appellants-institutions. Another prayer is made in I.A.No.2 of 2021, by which, directions are sought to respondent No.2 to reconsider the hard copies of the application dated 11.1.2019 and 09.07.2020 for approval for academic session 2020-21, without

insisting for online submission of the same.

Mr. Sita Ram Chaparla has drawn the attention of the Court to Section 12 of the Pharmacy Act, 1948, to submit that approval of the Pharmacy Council of India, is not required for conducting courses of study, as the appellants- institutions are approved by All India Council for Technical Education (AICTE).

Mr. Harinath, learned Asst. Solicitor General, has drawn the attention of the Court to letter dated 20.07.2020 at page 26 of the appeal papers, to contend that proposal for approval of pharmacy courses for the Academic Year 2020-21 was opened on 26.12.2019, but the appellants have not filled Standard Inspection Form (SIF) for Academic Year 2020-21, online. In that view of the matter, he submits that no case is made out for the interim prayer as sought

for by the appellants.

Learned Govt. Pleader for Higher Education, has drawn the attention of the Court to the judgment of the Hon'ble Supreme Court in The Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts Vidharbha

Institute of Pharmacy and ors. etc. wherein, at para 22, it is held as under:

"Now the next question which is required to be considered is with

respect to students already admitted pursuant to the orders passed by

this Court and the concerned High Courts. The conflict and the dispute

arose because despite refusal by the PCI, the AICTE increased the

intake capacity in the respective institutions, which were not approved

by the PCI. By the interim orders, this Court and the respective High . Courts -have directed to allow those students to appear in the

examinations and to register them as pharmacists. Such Interim

Orders are also made final. Therefore, the present decision shall not

affect those students admitted in the increased intake capacity and/or

pursuant to the interim orders passed by this Court and/or final

judgments and orders passed by the respective High Caurts. PCI is

therefore directed to give consequential benefit of registration to such

students. However, at the same time, all pending applications for

increase in intake capacity and/or for recognition and/or approval of course/institutions in the pharmacy shall be as per the provisions of the Pharmacy Act, 1948 and the regulations, if any, thereunder and as

per the norms and regulations fixed by the PCI. It is further directed

the concerned institutions who increased their intake capacity as

approved by AICTE and their increase in intake capacity was not

approved by PCI, shall apply afresh for increase in intake capacity

and/or evening shift for the next academic year within a period of four weeks from today and their cases for increase in intake capacity

and/or applications for recognition and/or applications for approval of the course or evening shift shall be considered by the PCI in

accordance with the Pharmacy Act, 1948 and rules and regulations

framed therein and the norms prescribed by the PCI."

In the letter dated 20.07.2020, it is also indicated that appellants may apply afresh, as and when portal is opened for 2021-22 academic session, and the

application of the appellants was returned back.

Considering the above, we do not deem it a fit case to accede to the prayer for interim relief, as prayed by Mr. Sita Ram Chaparla, to allot students for the

academic session 2020-21 and to direct the respondents to reconsider the hard

copies of the application dated 11.12.2019 and 09.07.2020 for approval for academic session 2020-21, without insisting for online submission of the same. Accordingly, I.A.Nos.1 and 2 of 2021 stand dismissed.

Sd/- M. SURYANATHA REDDY ASSISTANT REGISTRAR ITTRUE COPY//

For ASSISTANT REGISTRAR To

1. The Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070.

2. The Registrar, Jawaharlal Nehru Technological University, Kakinada, Andhra Pradesh -533003.

3. The Convenor, AP-EAMCET-2020, Jawaharlal Nehru Technological University, Kakinada, East Godavari District

(1 to 32 by RPAD- along with a copy of petition and memorandum of grounds)

4. One CC to Sri Sita Ram Chaparla. Advocate [OPUC]

4. Two CCs to GP for Higher Education ,High Court of Andhra Pradesh. [OUT]

5. One CC to Sri N. Harinath, Asst, Solicitor General, High Court of A.P. at Amaravati (OPUC)

6. One spare copy

TVR

HIGH COURT

HCJ & CPKJ

DATED:19/02/2021

NOTICE BEFORE ADMISSION

WA.No.78 of 2021

29 FERMI